Katz, Friedman lawyers represent many flight attendants in cases involving workers’ compensation issues. An injured employee can file a claim in Illinois if they are (1) injured in the State of Illinois or (2) their contract for hire was within the State of Illinois. As the location of the contract for hire for ALL United Flight Attendants and the location of an American Airlines domicile is located in Chicago, the Illinois Worker’s Compensation Act applies to numerous claims of Flight Attendants. The very nature of a flight attendant’s job is travel and, as a result, flight attendants are frequently injured outside of Illinois, even though Illinois law applies. An injured person will typically seek immediate care or care close to home which will typically be with a doctor outside Illinois. These doctors are unfamiliar with Illinois’ workers’ compensation laws.

KATZ, FRIEDMAN, EAGLE, EISENSTEIN, JOHNSON & BARECK, P.C. Workers’ Compensation | Personal Injury | Illinois Injured Workers | Social Security Disability Airline Employee Accidents | Medical Malpractice | Auto Accidents Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, P.C. 77 W. Washington Street 20th Floor Chicago, IL 60602-2904 Telephone: 312-263-6330 Fax: 312-372-5555 Toll Free in Illinois: 800-444-1525 National Toll Free: 888-626-5556 Website: www.kfeej.com Applying Illinois laws to out-of-state Flight Attendant Workers’ Compensation Claims Posted: November 23rd, 2010 Katz, Friedman lawyers represent many flight attendants in cases involving workers’ compensation issues. An injured employee can file a claim in Illinois if they are (1) injured in the State of Illinois or (2) their contract for hire was within the State of Illinois. As the location of the contract for hire for ALL United Flight Attendants and the location of an American Airlines domicile is located in Chicago, the Illinois Worker’s Compensation Act applies to numerous claims of Flight Attendants. The very nature of a flight attendant’s job is travel and, as a result, flight attendants are frequently injured outside of Illinois, even though Illinois law applies. An injured person will typically seek immediate care or care close to home which will typically be with a doctor outside Illinois. These doctors are unfamiliar with Illinois’ workers’ compensation laws . The treating physician will likely assume that their own state’s laws apply when, in fact, Illinois law may apply. The confusion about which state’s law applies to the claim can have a significant impact on the outcome of the case. For instance, some states require that the employer choose the treating physician of the injured employee, but in Illinois, an injured employee is allowed to see the doctor of their choice, within certain limits. In addition, there is confusion about the role of nurse case managers among medical professionals in other states. Once a workers’ compensation claim is opened, the employer’s insurance company may assign a nurse case manager to the case who may try to attend doctor appointments or attempt to influence the decisions of the treating physicians by asking questions over the phone when the employee is not present. Doctors may believe they are required to work with and discuss medical treatment with the nurse case manager but, in Illinois, there is no requirement that the nurse case manager be present at appointments or that the physican discuss any medical treatment with the nurse case manager. The injured employee may refuse their involvement altogether. Because workers’ compensation laws differ so greatly from state to state, we at Katz, Friedman advise injured flight attendants to consult with an experienced Illinois workers’ compensation attorney as soon as possible after the injury occurs. At Katz, Friedman we are familiar with the Illinois laws that frequently apply when a flight attendant is injured.

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

All the intelligence you need, in one easy email:

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.